Texas man serving 3-5 years in prison for driving through NJ with unloaded guns

[rambone]

And the guns were found via warrantless search. Spotting a gun case in the back seat was enough probable cause to yank the subject out of his car and search everything including the trunk. Dustin Reininger, from Texas, was only transporting his property through the state as he was relocating homes.

The citizen was convicted of bearing arms in New Jersey. He'll be in prison until at least 2016.



Texas man to remain in prison after being arrested with 21 guns in his car in Readington Township

Reason #7,452 to Stay out of NJ: TX Man Transporting Unloaded Firearms Through NJ Doing 3-5 Years in Prison

The “plain view discovery of firearm cases on the back seat, and defendant’s subsequent admission that he was transporting long arms to Texas” gave the officer probable cause to believe Reininger possessed firearms illegally, the judges wrote.

“All the officers saw were cases,” Nappen said. “The court is essentially saying the plain view of a gun case is a basis for a warrantless search. That means every law-abiding gun owner in New Jersey is subject to warrantless search if they transport their firearms in a gun case.

“My recommendation to all gun owners is to transport all firearms in guitar cases,” he added.

​

Quote of the Day: Any Weapon Whatsoever Edition

“In his final argument, Reininger claimed his convictions should be reversed because ‘New Jersey’s gun control scheme’ violates his right under the Second Amendment of the United States Constitution to keep and bear arms. We disagree. The Second Amendment does not create ‘a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.’” – New Jersey State Superior Court Opinion in Conviction upheld for man moving to Texas with SUV full of guns [via nj.com]

More:
Conviction upheld for man moving to Texas with SUV full of guns | NJ.com

 

[PMPORTER]

That is a disgrace, what has this country come too. That is just unreal !!!

 

[srad]

This sucks. I'd think that the Safe Passage provision of FOPA covers 40 winks????

 

[MikeDVB]

 

[level0]

This is terrible, but the guy should have had his guns *locked* in containers. The law is pretty clear per the article I read. I disagree with the law, but breaking the law is not the ideal way to affect change.

 

[actaeon277]

When there are thousands of laws, just concerned with firearms, it will cause "accidental criminals" to be made.

 

[terrehautian]

This is terrible, but the guy should have had his guns *locked* in containers. The law is pretty clear per the article I read. I disagree with the law, but breaking the law is not the ideal way to affect change.

The way I read the article, they were in cases.

 

[MikeDVB]

The way I read the article, they were in cases.

Does the federal transportation law not state *locked*?

I'll have to look it up...

 

[actaeon277]

Does the federal transportation law not state *locked*?

I'll have to look it up...

18 USC § 926A - Interstate transportation of firearms | Title 18 - Crimes and Criminal Procedure | U.S. Code | LII / Legal Information Institute
for a vehicle without a trunk...
"shall be contained in a locked container"

 

[cobber]

Imagine if there were sooo many State and federal laws and regulations on voting...

 

[NathanJefferson]

Moral of the story: Don't talk to cops. (be curteous, but don't offer ANY information.)

I wonder if the outcome would have been different if he hadn't admitted to having guns. It sounds like they used the combination of seeing the cases and his admission to having them as PC to search. It's their 'out' to set bad precedent.

 

[cosermann]

When there are thousands of laws, just concerned with firearms, it will cause "accidental criminals" to be made.

Yup. The multiplication of laws also allows the government to target and criminalize citizens.

Winston Churchill said, "If you have ten thousand regulations, you destroy all respect for the law."

We see this happening too.

 

[Movealongmovealong]

I think he may have a chance to get off on appeal, but dang... why chance it by not just putting the guns in a locked case as stipulated by the get-out-of-jail-free federal law? No state court can argue that federal law doesn't trump state law.

 

[10ring]

Imagine if there were sooo many State and federal laws and regulations on voting...

That would be racist and unfair.

 

[indykid]

I think he may have a chance to get off on appeal, but dang... why chance it by not just putting the guns in a locked case as stipulated by the get-out-of-jail-free federal law? No state court can argue that federal law doesn't trump state law.

They do all the time. Federal law: The right of the people to keep and bear arms shall not be infringed. State laws trump this federal law all the time. Heck even the feds ignore it.

 

[actaeon277]

But state law is sometimes supposed to trump federal. All powers specifically not given to the federal govt by the Constitution are reserved for the State.

 

[j706]

Messed up case. Pretty sad.

 

[Pinchaser]

Whether we like it or not, the applicable codified law that pertains to his conduct is what it is. He broke the law. As with all of these sensationalized stories, there is likely much more to it than we have been told. Baretta used to say "if you can't do the time, don't do the crime."

 

[actaeon277]

Whether we like it or not, the applicable codified law that pertains to his conduct is what it is. He broke the law. As with all of these sensationalized stories, there is likely much more to it than we have been told. Baretta used to say "if you can't do the time, don't do the crime."

Tens of thousands gun laws.
I think that should be partly to blame.
Lockee or unlocked, in his possession, how did this law make people safer?

 

[Smokepole]

Yup. The multiplication of laws also allows the government to target and criminalize citizens.

Winston Churchill said, "If you have ten thousand regulations, you destroy all respect for the law."

We see this happening too.

And there are over 20,000 gun laws across the country.

While I do feel sorry for the guy in the article and think that the New Jersey legislature and Gov. Christie should be publicly flogged over this and other such situations, the guy was even in violation of the Federal Act for transportation of firearms. Can't feel too sorry him considering that.